A federal judge has again concluded that Texas’s 2023 drag‑show law violates the First Amendment—despite a prior appellate ruling that cleared the way for it to take effect—setting up another round of litigation the state says it will pursue.
What the law does
Senate Bill 12 bars proprietors of commercial venues from allowing a “sexually oriented performance” in the presence of anyone under 18, with fines up to $10,000 per violation, according to LifeSiteNews’s account of the statute.
Judge’s ruling and rationale
U.S. District Judge David Hittner ruled this week that SB 12 is an “UNCONSTITUTIONAL restriction on speech” that “violates the First Amendment,” The Texan reported, as cited by LifeSiteNews. In his analysis, Hittner wrote that the law “applies to countless protected performances that might contain elements that are ‘in some sense erotic’ and meet either the law’s definition of ‘nude’ or ‘sexual conduct’ but are not obscene or obscene for minors and are thus constitutionally protected.” He suggested that examples such as gymnastic competitions and ballet dances could conceivably fall within the law’s terminology. Addressing those who find such performances offensive, he wrote: “just don’t go,” per The Texan’s reporting.
Appeals court backdrop
LifeSiteNews reports that after Republican Gov. Greg Abbott signed SB 12 into law, Judge Hittner initially struck it down. A three‑judge panel of the U.S. Court of Appeals for the 5th Circuit later reversed him and, according to LifeSiteNews, reaffirmed that decision in February of this year, clearing the way for the law to take effect before this latest district‑court ruling.
State response
Texas Attorney General Ken Paxton responded on social media, according to LifeSiteNews: “This is a profoundly flawed decision that endangers our children and is an affront to Texas values. I will appeal this decision immediately and continue to fight to protect our kids.”
What’s next
Paxton says he will appeal. Details on the case caption, scope of the order, and timeline were not included in the source materials.
